Hairston v. Alexander Tank & Equipment Co.

HILL, Judge.

Plaintiff’s intestate, John 0. Hairston (hereinafter “Hair-ston”), contracted to purchase a new 1978 Lincoln Continental from defendant Haygood Lincoln Mercury, Inc. (hereinafter “Hay-good”) on Friday, 14 April 1978 and returned to consummate the purchase on Monday, 17 April 1978. Hairston lived in Charlotte, North Carolina; Haygood is in Lowell, North Carolina. Hairston waited at Haygood while the wheels on his Lincoln were changed to conform to the invoice of purchase. One of Haygood’s employees changed the wheels but, in doing so, failed to tighten the lug nuts securing the…